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What is the current impact of the COVID-19 pandemic on commercial and consumer contracts?

The Covid-19 pandemic is still interfering heavily with international trade creating disruptions and delays on an unprecedented scale. The world has completed more than one year since the Covid-19 outbreak. However, its far-reaching effects are still far from over. Pandemic outbreaks have occurred before on numerous occasions, and they have had a crippling effect on the world economy. However, never before the world has collectively experienced such bottleneck effect on international trade and shipping. The underlying causes are numerous and include factory closures, supply shortage, transit and payment delays, to name a few. Many businesses have been pushed to the brink of bankruptcy in increasing numbers worldwide.

In this article, we would identify several common legal and commercial issues. We would like to illustrate the legal measures applicable in the UAE in case of non -performance of commercial and consumer contracts on account of the pandemic.
One of the most common after-effects of the pandemic has been the 'contractual non -performance' on account of conditions that are beyond the control of the contractual parties or, in other words "Force majeure conditions". The word Force majeure is a French term that literally means "greater force", and in legal terms, it refers to 'unforeseeable circumstances that prevent someone from fulfilling a contract'.
The Federal law no. 5 of 1985 and its amendments on the Civil Transactions (UAE Civil code) states ‘force majeure' as follows:

Article 273

In bilateral contracts, if a force majeure arises that makes the performance of the obligation impossible, the corresponding obligation shall be extinguished and the contract ipso facto rescinded.

If the impossibility is partial, the consideration for the impossible part shall be extinguished. This shall also apply to the provisional impossibility in continuous contracts. In both instances, the creditor may rescind the contract provided the debtor has knowledge thereof.

Further, articles 274- 275 states the legal position if a force majeure condition is established as per article 273.

Article 274

When a contract is or shall be rescinded, the two contracting parties shall be reinstated to their former position prior to contracting, and in case this is impossible, the Court may award damages.

Article 275

If the contract is dissolved on the grounds of nullity, rescission or for any other reason, and both contracting parties have to return what they have taken possession of, each one of them may retain what he has received, as long as the other party did not restitute what he has received from him, or did not submit a guarantee for its restitution.

Despite the recognition of force majeure conditions under the UAE law, the parties to a contract should not be too quick to rely on the said general principle and should try to resolve the issues on mutual terms. As pursuant to Article 267 of the Civil code, "If a contract is valid and binding, none of the contracting parties may revoke, modify or rescind it except by mutual consent, order of the court or a law provision". UAE courts generally interpret force majeure conditions restrictively for each case as per its unique facts and circumstances. In addition, the UAE law imposes each party to confer with the good faith principle and to fulfil their contractual obligations.


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Financial crimes can be best understood as criminal activities carried out by an individual or group of people or organizations which seek to achieve economic benefits through illegal methods. The United Arab Emirates recognizes and punishes various types of financials crimes such as: • Fraud • Breach of trust • Bribery • Money Laundering Fraud Pursuant to Article 399 of the Federal law No. 3 of 1987 promulgating the penal code and its amendments (‘UAE Penal Code’), fraud is defined as ‘whoever who seizes, for himself or for another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender’. Fraud under UAE law is punishable by a sentence of up to three year's imprisonment and /or a fine of a maximum of Aed 30,000. Breach of Trust Breach of trust constitutes a financial crime in the UAE, and article 404 of the UAE Penal code criminalize ‘breach of trust’ and states that: ‘Whoever embezzles, uses or wastes funds securities or any other movable property with the intention to prejudice the interest of the due right's owners, if it is delivered to him as a deposit, rent, pledge, loan for use, or proxy, shall be punished by detention or by a fine’. Movable property would include cash, bills, cheques or it’s like. Under the provisions of breach of trust the person entrusted with the said property would be considered as joint owner of the immovable property, and the innocent employer or business partner can file a criminal complaint seeking justice for the breach. The punishment for breach of trust may include a fine of up to Aed 30,000 and imprisonment of up to 3 years. A higher punishment may also be imposed subject to the discretion of the court and the gravity of the offence itself. Bribery: A bribe is defined under the UAE laws as anything is given for the benefit of a public or private-sector employee with the intention to gain in return from such employee any act that violates the duties assigned to such employee or causes him to exceed his duties or act in direct breach of his duties. Bribery is punished under the UAE penal code subject to the provisions of articles 234 to 239 of the code. If a bribe is accepted by a public official in return for completing any act which is part of public duty or for abstention from completion any act in breach of his duties, can result in a punishment of imprisonment of even up to 10 years. Money Laundering: Federal Decree-law No. (20) of 2018 on ‘Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations, ( 'AML law'). Article 2 of the AML law thus defines a perpetrator of a money-laundering offence as any person who is aware that the money derived from either a felony or misdemeanor and then knowingly proceeds to commit the acts of: i)transferring or moving proceeds or conducting any transaction with the aim of concealing or disguising their illegal source ; ii);concealing or disguising the true nature, source or location of the proceeds as well as the method involving their disposition, movement, ownership of or rights with respect to said proceeds ; iii) acquiring, possessing or using proceeds upon receipt; iv) assisting the perpetrator of the predicate offence to escape punishment.” The UAE Ministry of Economy has recently announced around twenty-six categories for violations of the laws relating to money laundering and terrorism financing ranging from AED 50,000 to AED 1,000,000.
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Oneking H1-L1M camera hội nghị truyền hình 4K UHD PTZ trải nghiệm chất lượng video sắc nét, đáp ứng nhu cầu người dùng. Camera hội nghị OneKing H1-L1M được thiết kế nhỏ gọn, an toàn và thân thiện với môi trường nên được rất nhiều người tin tưởng và sử dụng. Tiêu chuẩn kỹ thuật bức phá mới của Camera Hội Nghị Oneking H1-L1M như thế nào? Camera hội nghị OneKing H1-L1M được trang bị ống kính cố định, cho hình ảnh chất lượng 8 Megapixel và nó được tiết kế riêng cho phòng họp loại nhỏ mang đến trải nghiệm tối ưu hóa cộng tác video và khả năng thu phóng tùy chỉnh. – Màn hình Cảm biến HD: SONY CMOS màu HD 1 / 2,5 ”, HOV 87 ° – Độ phân giải: 1080p@30 2.0 Megapixel. – Độ nhạy sáng: 0.5Lux at F2.0. – Góc nhìn: 72.5 HOV. – Góc quay: 0° ~ 350°. - Góc nhìn ngang: 85 ° / 73 ° / 54 ° – Cổng kết nối: USB 2.0. – Chiều dài cáp USB: 5 mét. – Gọi lệnh VISCA qua kết nối cáp USB 2.0 – Hỗ trợ điều khiển từ xa Remote /T/Z – Gắn trần, chân máy hoặc treo tường. – Ứng dụng cho phòng họp  dưới 10 người Camera OneKing H1-L1M với độ phân giải video 1080P30fps hoặc 720pMegapixel cho ra hình ảnh rất chất lượng sắc nét và giúp cho người dùng có thể xem dễ dàng và nắm được thông tin cuộc họp tốt hơn. Thiết bị có ông kính tiêu cự là 4mm, giúp cho người dùng có thể tối ưu hóa dễ dàng zoom vào hình ảnh một cách dễ hơn và quan sát cuộc họp tốt hơn. Camera PTZ 4K Ultra HD - Oneking H1-L1M-4K cung cấp khả năng PTZ chính xác cao: Bạn có thể tùy chọn xoay, nghiêng, thu, phóng linh hoạt ,và được quản lý bằng thiết bị điều khiển từ xa. Với nhiều tính năng tiên tiên của  H1-L1M-4K, bạn có thể thoải mái tùy chọn cách chỉnh ống kính, ghi hình rõ nét  với mọi chi tiết theo ý muốn. Camera  H1-L1M cung cấp video Ultra HD 4K cao cấp với độ phân giải 1080p/720p HD cùng độ rõ nét vượt bật. Cảm biến hình ảnh màu HD 1 / 2,5 ” SONY CMOS , HOV 87 Độ - Camera trang bị cảm biến hình ảnh 1 / 2,5 ” Sử dụng cảm biến hình ảnh CMOS chất lượng cao hỗ trợ hoạt động hiệu quả hơn, cần ít năng lượng hơn và hoạt động tốt hơn cho các chế độ chụp ảnh tốc độ cao. Trường ngắm 87 HOV.° cung cấp tầm ngắm rộng, bao quát toàn bộ phòng họp, cho hiệu quả ghi hình tốt hơn. Kết nối USB2.0 Plug and Play nhanh chóng - Cáp USB2.0 đơn cung cấp video chất lượng, chuyển động PTZ, bạn có thể chọn tiêu điểm chuyển động và cấp nguồn nhanh chóng. Khả năng tương thích với tất cả các phần mềm hội nghị Cloud software - Oneking H1-L1M-4K khả năng tương thích, tương tác cao với  tất cả các nền tảng viễn thông VOIP khác nhau như:  Zoom, WebEx, Lync, UC, Skype for Business, BlueJeans, MS Team và Jabber..., cho phép dễ dàng tích hợp vào nhiều điểm họp, có thể chọn tiêu điểm cố định cơ sở hạ tầng hội nghị truyền hình hiện có của bạn. Vị trí thiết lập đa dạng -  Với Camera Oneking H1-L1M-4K bạn có  thể thiết lập cài đặt, lắp đặt nó trên nhiều vị trí khác nhau: trên máy tính, trần nhà, lắp trên chân máy trần, trên tường, trên sàn hoặc sử dụng giá đỡ. Camera hội nghị truyền hình Oneking H1-L1M tối ưu hóa để có hiệu suất cuộc gọi tốt nhất trong video HD đơn hoặc nhiều bên, luôn đảm bảo mọi chi tiết hiện lên đều rõ nét Thông tin chi tiết về sản phẩm Camera Hội Nghị Oneking Quý khách vui lòng liên hệ Hotline 024 777 99 777 để được hỗ trợ giá tốt nhất.
What will happen to you if you are having a misdemeanour or a felony?
A crime can be classified generally as ‘misdemeanours’ and ‘felony’ depending on the seriousness of the offence. ‘Misdemeanors’ constitute the more minor or less serious crimes as opposed to felonies. A misdemeanour is usually punishable only by fines or imprisonment of a term not more than a year. Offences that are termed as misdemeanours can comprise petty theft, driving under the influence of alcohol etc. ‘Felony’ on the other hand, constitutes a serious crime that is characterized by more stringent punishments, including longer imprisonment sentences. The type of offences that constitute a ‘felony’ includes murder, rape, drug trafficking etc. Different stages of a misdemeanour or felony charge: Complaint stage: In this stage, the police will refer the complainant to the relevant section of the police department, which would be responsible for investigating the offence. At this stage, the police will proceed to record the statement of the parties, and once the investigation is completed, the complaint will be finalized and referred to a public prosecutor for further steps. Public prosecution Stage: A criminal complaint is referred to the public prosecution office at this stage. The public prosecutors are authorized judicial authorities who are empowered to review the cases referred to them and to conclusively record if a criminal offence has taken place or not. The public prosecutors often summons both the complainant and the accused and also provide them with the opportunity to bring witnesses on their behalf. Statements of both the parties and their witnesses are recorded, and the parties are also required to sign the statements. The public prosecutor then proceeds to file the criminal case before the criminal court for further steps. On the other hand, if the public prosecutor records that the crime has not been established, then further steps will not be issued. Criminal Court Stage: The UAE criminal courts comprise of three court stages, namely, the First Instance Court, Court of Appeal and the Cassation Court. Within the first instance court itself, ‘Misdemeanors’ are tried before a single judge, and ‘Felonies’ are tried before a panel of three judges. The procedure before a criminal court comprises of trial stage wherein the claims are heard by the Court, and all the parties are allowed the time to present their claims. An accused person is required to appear in person when summoned to the Court for a hearing. The Court will ask the accused to either plead guilty or to otherwise respond to the charges. If the accused pleads ‘not-guilty’, the Court will proceed to set another subsequent hearing date to allow the accused to present his defence and also to bring witnesses on his behalf. Once the Court is satisfied that the pleadings are completed and the evidence, including witness hearings has been completed, the Court will proceed to issue its verdict. A verdict from the Court of the first instance can be appealed within fifteen days’ time period before the Court of Appeal, and a final verdict from the Court of appeal can be appealed within thirty days’ time period before the Cassation Court.
WHAT IS THE DIFFERENCE BETWEEN BODILY INJURY AND PERSONAL INJURY?
Bodily injury may be referenced in criminal court cases, referring to injuries sustained by someone who has been the victim of an assault or another crime. Personal injury is commonly referenced in civil court claims and covers all costs incurred as the result of an accident or wrongful death. The difference between bodily injury and personal injury is where you might encounter each one in a legal context. Each type of case may present different standards for liability and proof. The individual state where an accident takes place can have different implications for these terms. Bodily Injury Insurance Covers the Other Party’s Expenses Bodily injury refers to specific kinds of harm done to the body after an incident, such as bruises, burns, cuts, fractured bones, and nerve damage. When someone carries bodily injury insurance, it covers the costs of the other person involved in the accident. For example, if you run a red light and strike a bicyclist, you may be held at fault for their injuries. Depending on your policy, bodily injury insurance may include all or some of their losses. Legal Implications of Bodily Injury Coverage Depending on where you live, whether your state is a “fault” or “no-fault” state will determine the extent of what kind of insurance you need to carry in the event of an accident. For example, in Florida, drivers are not required to carry insurance coverage for bodily injury liability (BIL) except for vehicles registered as taxis. However, because Florida is a no-fault car insurance state, all drivers must have insurance policies with a minimum of $10,000 in PIP coverage. After an accident, you will first file for damages through your own insurance company, regardless of who caused the accident. You may have additional costs that go beyond what your PIP policy can cover. Having PIP does not prevent you from pursuing additional losses through the other party’s insurance. Typically, it boils down to this: bodily liability insurance covers the damages of the other party if you were the cause of their accident. PIP is for covering your own injuries and losses after an accident. Again, depending on where you live, different factors may affect these definitions. Personal Injury Is Related to Civil Claim Damages All states allow accident victims to pursue compensation from the liable party to cover the cost of their damages. To do this, you must prove that because of this otherwise avoidable situation, you have incurred expenses. It is important to have relevant evidence that supports your account of events. To ------prepare for your claim, you will want to keep the following: -Photographs or any videos of the accident -The police report or any other law enforcement documents -Medical records from injury-related examinations -Proof of lost wages for any work missed after the accident -Records of all communications between yourself and the insurance companies -Receipts assigning a value to property damage What Is Included in a Bodily Injury Claim? A claim for bodily injury will include any expenses from your injuries that you’d submit to your bodily injury insurance carrier. Depending on your state’s laws, this may include costs related to your own injuries or costs related to the injuries of any other parties involved in the accident. These claims may be covered by your PIP insurance or other coverage. What Qualifies as a Personal Injury Case? Anytime one party is injured or becomes ill as a result of another party’s negligence and there are demonstrable damages, you may have a valid personal injury case. People and entities have a duty to prevent others from harm. Personal injury lawsuits come about when this duty has not been met and someone is harmed as a result. Statute of Limitations After an Accident You do not have an unlimited window of time to pursue a civil claim. If you live in Florida, you have four years from the date of your accident to get a personal injury lawyer and file a lawsuit. However, if you live in Tennessee, you only have one year to seek financial recovery. If the accident results in fatalities, the timeline may be different. Under the Florida statutes, the statute of limitations for wrongful death is two years. These cases can be complex, so the sooner you reach out to a wrongful death attorney, the better. Some variables, including the ages of who was involved in your accident, may affect this timeline. In general, the statute of limitations begins on the day of your accident or the day your injuries were discovered. However, there are exceptions. You can ask your attorney about the laws in your state. Filing a Personal Injury Claim Can Cover Some of Your Losses If you are injured in an accident and endure pain and suffering as a result of someone else’s negligence, you may have a personal injury case. When looking to cover the cost of your losses, filing a personal injury claim may include: -Past, present, and future medical bills -Lost wages -Reduced earning capacity -Pain and suffering -Emotional trauma -Loss of consortium -Wrongful death When you are dealing with the aftermath of an accident, an insurance adjuster will prepare, file, and adjust your claim. This person represents the insurance company by evaluating the cost of the damage to your property and health. You may find that the amount they offer does not fully cover the extent of your losses. Do not feel obligated to settle for the adjuster’s first offer. Before you agree to accept any settlement, make sure that you understand your legal options first. For this reason, many people choose to contract legal help. Call ebraunlaw After a Bodily or Personal Injury If you experienced injuries during an accident, you should not have to endure any additional pain and suffering. You and your family should not have to pay out-of-pocket for an accident that you did not cause. The lawyers at ebraunlaw can examine the evidence relevant to your case, initiate legal action, and protect your rights. We work on a contingency-fee-basis, meaning that we do not accept any payment unless we secure compensation for you. Our team is happy to answer your questions about bodily and personal injury as it applies to the law.
UK Visa Refusal Appeal or Reapply Consultant in India
Appealing against a decision of the Entry Clearance Officer for Entry Clearance exercises   This is the first step in the appeal process; the grounds of appeal are filed before the apropos authority combating the reasons for disallowances and furnishing disconfirmations on the same. Drafting the grounds of appeal in an neat way can help the campaigner to get a favorable corollary on their exercise.   When can you Appeal?   Campaigners can file an appeal to the bench if they've been given a legal right to appeal – this is mentioned in the Notice of Refusal admitted by the campaigners.   Appeal rights are normally granted for disallowance of exercises by the British High Commission Post or Home Office in the following genera   Disallowance of Leave to Remain, extend leave and variations ( i.e. Curtailment) of leave in the UK as Fiancée, Consort, Dependent Children, Civil Partner, Unmarried Partner, or as a Dependent.   Disallowance of Entry Clearance under Fiancée visa, Consort visa, Dependent Children visa, Elderly Dependent visa, Adult Dependent visa, Civil Partner visa, Single Partner visa, Family drop-in visaetc.   Decision to Deport someone before in the UK.   Decision to ask person to leave the country from the airfield.   Nonacceptance to allow someone retreat in the UK.  You can appeal against the following judgments from outside the UK  - A decision to refuse a Mortal Rights Claim for Entry Clearance.  - A Human Rights or protection nonacceptance (where you can only apply after you ’ve left the country)  - A decision by the Home Office to deport you as a European Economic Area (EEA) National.  - Your play for an EEA family permit as a family member of an EEA National was refused by the Home Office under the EEA Regulations.  - Certain judgments about plays submitted before 06 April 2015. You can appeal against the following judgments from within the UK  Your mortal rights or protection claim has been refused while you ’re in the UK  - A decision made under the European Economic Area (EEA) Regulations,e.g. the Home Office has refused to issue you a house document  - A decision by the Home Office to deport you (as an EEA National)  - A decision where you ’ve been detained and your decision letter was transferred by the Detained Retreat Casework outfit at the Home Office  - A decision to remove your UK citizenship  - A decision to take out your protection status  - Certain determinations about operations submitted before 6 April 2015 UK Visa Appeals – Timelines  Notwithstanding, either you can appeal to the First-Tier Tribunal within 28 days of the record of the notice of nay from the Entry Clearance Officer (ECO), If you're outside the UK and your operation for entry granting (UK visa) is refused by the Entry Clearance Officer (ECO) and you have been given appeal rights. This is normally known as an entry granting appeal.  For operations that are made in country (within the UK) contenders can file appeal to the First-Tier Tribunal against the nay of corresponding operation within 14 days after the date the nay letter was entered by the contender.  At The SmartMove2UK, our UK Immigration experts deal with a wide range of pleadings that include pleadings against nay of entry granting, leave to enter, leave to remain and the curtailment of leave.   The areas of work that we deal with include visas for scholars, spouses, partners, work permit holders, fiancés and visitants. We've great experience in dealing with complicated matters and advising punters verbatim.   Our UK Immigration experts can manage UK visa rejection appeal cases in all areas including immigration suppliances against a rejection of  - entry sufferance  - leave to enter  - leave to remain The appeal process has two zone  - Sheet of Grounds of Appeal  - Hearing of the Appeal Our UK Immigration Solicitors have successfully filed grounds of appeal for several species including dependent and pact uses.   At The Smartmove2UK, our UK Suitable Solicitors and UK Immigration experts have helped substances successfully file suppliances against rejections took for their entry permission usages.  Notwithstanding, you can address our UK qualified Solicitors for advice and abetment on 91 98191 27002 or airmail us atinfo@smi, If you would like to ascertain your eligibility to file grounds of appeal against a decision entered from the Entry grantingofficer.legal.  Executive Review  The executive review process exists for ineffective visa candidates under the points- hungsystem.However, they don't have a full right of appeal, If the operation for a visa under the points hung system is refused for candidates outside the UK.  Notwithstanding, all campaigners can apply for an directorial review, which is a form for reviewing denial conclusions.   An directorial review can be filed if the campaigner thinks that the assessing authority has made an error in refusing the visa exercise under the points- grounded system. The review will look at whether the claimed points were fittingly assessed by the entry concurrence officer.  Judicial Review  The Upper Tribunal (Immigration and Asylum Chamber) is responsible for the judicial review of certain conclusions made by the Secretary of State for the Home Department, entry concurrence officers and others, under immigration legislation.   Where the Home Office (UKVI) has refused an play for entry license or leave to remain and haven't granted a right of appeal against the no of the play, such a no can be challenged by way of Judicial Review (JR) within 90 days from the date of the no letter.  Per Civil Procedure Rules, aPre-Action Protocol (PAP) notice must be shot to the Home Office (UKVI), giving them at least 14 days to review their decision and change their decision considering the information/ cofeature witness given through thePre-Action Protocol letter. The main thing of the PAP is to avoid unwarranted cross-claim.   It's possible that because of thePre-Action Protocol letter, the Home Office (UKVI) may review their decision to refuse the use and either maintain the turndown or grant the visa.  Notwithstanding, prospects can make an usage to the Upper Tribunal for sanction to apply for Judicial Review, If the decision to refuse is maintained or the Home Office doesn't respond to the Pre-Action Protocol letter within the warranted time.   Such an usage is made on papers; the court will refuse and grant sanction on papers without a court earshot.  Our UK Immigration experts have knowledge of the UK Immigration rules to file an Appeal / Judicial Review for an entry clearance application for a UK unmarried Partner visa, UK Fiancée visa, UK spouse visa, UK Visit visa, India Tourist visa, Tier 1 Visa, UK Administrative review for Tier 4 Student Visa, Tier 2 General visa, Tier 2 sponsor licence, and PBS Dependent. You can contact our UK qualified Solicitors for advice and assistance on +91 98191 27002 or email us at info@smi.legal.